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2019 (3) TMI 2054

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..... s issued by the respondent department and the applicant had cooperated with the investigation and his statement was recorded twice on 20.7.2018 and 16.8.2018; (ii) another importer is protected by Division Bench of this Court by passing interim order; (iii) another importer viz.Deepak Agarwal is released on regular bail by this Court vide order dated 7.12.2018. In the said order, this Court has observed that the offence under the Customs Act is compoundable and the maximum sentence is of seven years; (iv) so far as the said accused is concerned, it is also observed that during the course of investigation, remand of the said applicantaccused was not sought and entire investigation is based on documents; (v) entire quantity of alleged high-sp .....

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..... fore the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. 5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without dis .....

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..... eported at (1980) 2 SCC 665. 7. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with the inquiry initiated by the Directorate of Revenue Intelligence, Unit No.15, Ahmedabad pursuant to the DRI File No.DRI/AZU/CI/ENQ-13/2018 on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions: (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at concerned Police Station on 15.3.2019 between 11.00 a.m. and 2.00 p.m.; (c) shall not directly or indirectly make any inducement, threat or promise to a .....

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